Today is Dec 25, 2008

BP 344REPUBLIC OF THE PHILIPPINESBatasang PambansaFifth Regular SessionBegun and held in QuezonCity, Metropolitan Manila, on Monday,The twenty-sixth day of July nineteen hundred and eighty-two.BATAS PAMBANSA BLG. 344AN ACT TO ENHANCE THE MOBILITY OF DISABLED PERSONSBY REQUIRING CERTAIN BUILDINGS, INSTITUTIONS, ESTABLISHMENTSAND PUBLIC UTILITIES TO INSTALL FACILITIES AND OTHER DEVICES.

Republic Act 9442

Be it enacted by the Batasang Pambansa in session assembled

Republic Act 7277

SECTION 1. In order to promote the realization of the rights of disabled

persons to participate fully in the social life and the development of thesocieties in which they live and the enjoyment of the opportunitiesavailable to other citizens, no license or permit for the construction,repair or renovation of public and private buildings for public use.Educational institutions, airports, sports and recreation centers andcomplexes, shopping centers or establishments, public parking places,work-places, public utilities, shall be granted or issued unless the owneror operator thereof shall install and incorporate in such building,establishment, institution or public utility, such architectural facilities orstructural features as shall reasonably enhance the mobility of disabledpersons such as sidewalks, ramps, railings and the like. If feasible, allsuch existing buildings, institutions, establishments, or public utilities tobe constructed or established for which licenses or permits had alreadybeen issued may comply with the requirements of this law: Provided,further, That in case of government buildings, street and highways, theMinistry of Public Works and Highways shall see to it that the same shallbe provided with architectural facilities or structural features for disabledpersons. In the case of the parking place of any of the aboveinstitutions, buildings, or establishment, or public utilities, the owner oroperator shall reserve sufficient and suitable space for the use of disabledpersons.

SECTION 2. In case of public conveyance, devices such as the prominent

display of posters or stickers shall be used to generate public awarenessof the rights of the disabled and foster understanding of their specialneeds. Special bus stops shall be designed for disabled persons.Discriminating against disabled persons in the carriage or transportationof passengers is hereby declared unlawful.SECTION 3. The Minister of Public Works and Highways and the Ministerof Transportation and Communication, in coordination with the NationalCommission Concerning Disabled Persons, shall prepare the necessaryrules and regulations to implement the provisions of this Act.SECTION 4. Any person violating any provision of this Act or of the rulesand regulations promulgated hereunder shall, upon conviction by a courtof competent jurisdiction, suffer the penalty of imprisonment of not lessthan one month but not more than one year or a fine of P2,000 toP5,000 or both, at the discretion of the court: Provided, That in the case

of corporations, partnerships, cooperatives or associations, the president,

manager or administrator, or the person who has charge of theconstruction, repair or renovation of the buildings, space or utilities shallbe criminally responsible for any violation of this Act and/or rules andregulations promulgated pursuant thereto.SECTION 5. All laws, executive and administrative orders, rules andregulations inconsistent with the foregoing provisions are hereby repealedor amended accordingly.SECTION 6.This Act shall take effect upon its approval.Approved.(Signed)QUERUBE C. MAKALINTALSpeakerThis Act was passed by the Batasang Pambansa on December 7, 1982(Signed)ANTONIO M. DE GUZMANSecretary General

The Department of Public Works and Highways Port Area, Manila

The Department of Transportations and Communications Pasig, MetroManilain coordination with:The National Council for the Welfare of Disabled Persons(Accessibility Sector on the Magna Carta for Disabled Person) Diliman,Quezon City

IRR of RA 7277

RULE I - SCOPE AND APPLICATION

Republic Act 6759

1. Purpose:

IRR of RA 6759

Republic Act 3562

The Rules and regulations set forth herein provide for minimumrequirements and standards to make buildings, facilities and utilities forpublic use accessible to disabled persons, pursuant to the objectives ofBatas Pambansa Bilang 344, An Act to Enhance the Mobility of DisabledPersons by Requiring Certain Buildings, Institutions, Establishments andPublic Utilities to Install Facilities and Other Devices.

Republic Act 1373

2. Definition of Terms:

Republic Act 1179

IRR of RA 9442

For the purpose of these Rules and Regulations, the words, terms andphrases enumerated in Annex A hereof shall have the meaning asprovided therein.

Republic Act 9433

3. Scope:

Republic Act 5250

Republic Act 4564

Executive OrdersExecutive Order 676Executive Order 232Executive Order 123Executive Order 437Executive Order 385Executive Order 417Executive Order 709Administrative OrdersA. O. No. 35Batas Pambansa

The provisions of these Rules and Regulations shall apply to the

following:3.1 Public and private buildings and related structures for public use andwhich shall be constructed repaired or renovated.3.2 Streets and highways and public utilities3.2.1 Streets and highways3.2.2 Public transport vehicles which shall include:a). Passenger buses and jeepneysb). Passengers trains, including those of the Light Rail Transit Authority(LRTA)c). Domestic inter-island vesselsd). Domestic aircraft of air carriers3.2.3 Public Telephones

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3.3 Public transport

Proclamation No. 467

4.1 Public and private buildings and related structures for public use.

Proclamation No. 1385

No permit for the construction, repair or renovation of public and private

buildings and related structures for public use, whether owned or leased,shall be granted or issued, unless the owner thereof shall have providedin the places and specifications submitted for approval barrier-freefacilities and accessibility features as provided in these Rules and inaccordance with the followings criteria:

4.1.1 Building and related structures to be constructed

a). At the space where the primary function is served and where facilitiesand ingress/egress of the building or structure are located, as to makesuch space accessible to the disabled persons; provided, however, thatwhere the primary function can be served at the ingress level and wheresuch level is provided with facilities, requirements for accessibility atother levels may be waived.b). Ten percent (10%) of the total number of units of governmentowned living accommodations shall be accessible and fully usable by thedisabled persons with any fractional part in excess of one-half (1/2) inthe computation thereof, to be considered as one unit; for privatelyowned living accommodations the number of accessible units shall be asprovided in Section 3 of Rule III thereof.c). Ingress/egress from the street to the building or structure shall bemade accessible.d). Accessible slots in parking areas shall be located as near as possibleto ingress/egress spaces of the building or structure.4.1.2 Building and related structures to be repaired or renovatedincluding those proposed for a change of occupancy If feasible ,barrier-free facilities and accessibility and accessibility features shall beprovided in accordance with the requirements under Subsection 4.1.1 (1),(c ) and (d): feasibility of incorporation of barrier-free facilities andaccessibility features shall be determined from all the followingconditions:a). When the repair or renovation work is to be done in the space wherethe primary function is served;b). When the facilities can be made accessible at any other level which isaccessible by means of an elevator with a minimum width of 800 mm;c). When the space allotted for the primary function will not bediminished by more than ten percent (10%) of its original area;d). When the capacity or strength of any major structural component,such as slabs, beams, girders, columns, bearing walls and footing of thebuilding or structure will not be diminished;

e). When the cost (exclusive of the exception provided below) of suchrepair or renovation work is in excess of twenty percent (20%) of thetotal cost of the building or structure, based upon the computation ofpermit fees as provided under Rule III of the Implementing Rules andRegulations promulgated pursuant to P.D. 1096 entitled: The NationalBuilding Code of the Philippines;f). When there is no legal constraint which would not allow compliancewith these regulations:EXCEPTION: Repair or renovation work which consists only of heating,ventilating and air conditioning systems, including those which may berequired only with respect to fire panic and explosion safety for existingspaces, shall not be subject to the requirements for barrier-free facilitiesand accessibility features.4.2.1 Streets, highways and transport related structures to be constructed- Streets, highways and transport related structures shall be provided

Raven Door &

with the following barrier-free facilities and accessibility features at every

pedestrian crossing: ramps and other accessible features in buildings ofthe Sectoral offices and attached agencies of DOTC; transportationterminals and passenger waiting areas for use of disabled person;a) Cut-out curbs and accessible ramps at the sidewalks.b) Audio-visual aids for crossingEXCEPTION: Requirements for accessibility at pedestrianseparations or overpasses and underpasses may be waived.

grade

4.2.2 Existing streets and highways to be repaired and renovated the

accessibility requirements shall be provided where the portion of existingstreets and highways to be repaired or renovated includes part or theentire pedestrian crossing.4.2.3 Transport vehicles for public usea) No license or franchise for the operation of public buses, passengerboats, ships and domestic airplanes shall be granted or issued unless theowner or operator thereof shall have provided and designated thenumber of seats and shall have placed audio-visual aids.b) Government instrumentalities operating passenger trains including theLight Rail Transit Authority shall have provided the number of seats fordisabled persons.c) Government instrumentalities operating passenger airplanes shallprovide and designate the number of seats for disabled persons and shalllikewise place the audio-visual aids4.2.4 Existing Public Transport Vehicles - The minimum accessibilityrequirements shall apply to all existing units of public transport vehicles,and including those units, which are to be repaired and renovated.4.2.5 Public Telephones - At least one unit of public telephones for everyfour (4) units shall be accessible to disabled persons and shall beprovided with visual aids required, provided that if only (1) publictelephone is to be installed in a particular place the same shall beaccessible to disabled persons.4.2.6 Public Transport Terminals - The criteria and accessibilityrequirements, provided for public and private buildings and relatedstructures for public use shall apply to public transport terminals.5. Special Standards of Accessibility:Where the requirements for accessibility in the Rules will create anunreasonable hardship in design/construction, special standards ofaccessibility through the use of other methods and/or materials shall beallowed if better facilities can be provided subject to the approval of theNational Council for the Welfare of Disabled Persons..RULE II - MINIMUM REQUIREMENTS FOR ACCESSIBILITY1. Design Criteria:1.1 CATEGORIES OF DISABLED PERSONS. The categories of disabilitydictate the varied measures to be adopted in order to create anaccessible environment for the handicapped. Disabled persons underthese Rules may be classified into those who have:1.1.1 Impairments requiring confinement to wheelchairs; or1.1.2 Impairments causing difficulty or insecurity in walking or climbingstairs or requiring the use of braces, crutches or other artificial supports;or impairments caused by amputation, arthritis, spastic conditions orpulmonary, cardiac or other ills rendering individuals semi-ambulatory; or1.1.3 Total or partial impairments of hearing or sight causing insecurity orlike hood of exposure to danger in public places; or1.1.4 Impairments due to conditions of aging and in coordination;1.1.5 Mental impairments whether acquired or congenital in nature.

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1.2 ANTHROPOMETRICS AND DIMENSIONAL DATA AS GUIDES FORDESIGN.The minimum and maximum dimensions for spaces in the builtenvironment should consider the following criteria:1.2.1 The varying sizes and statures of persons of both sexes, theirreaches and their lines of sight at both the standing and sitting positions.1.2.2 The dimensional data of the technical aids of disabled persons.Included in the second consideration are the dimensions of wheelchairs;the minimum spaces needed for locking and unlocking leg braces plusthe range of the distance of crutches and other walking aids frompersons using such devices. By applying at this very early stagedimensional criteria which take into account wheelchair usage, thephysical environment will ultimately encouraged and enable wheelchairusers to make full use of their physical surroundings.1.2.3 The provision of adequate space for wheelchair maneuveringgenerally insures adequate space for disabled persons equipped withother technical aids or accompanied by assistants. In determining theminimum dimensions for furniture and fixtures accessible to disabledpersons, the following anthropometrics data shall serve as guides fordesign: The length of wheelchairs varies from 1.10 m to 1.30 m . Thewidth of wheelchairs is from 0.60 m to 0.75 m. A circle of 1.50 m indiameter is a suitable guide in the planning of wheelchair turning spaces.The comfortable reach of persons confined to wheelchairs is from 0.70 mto 1.20 m above the floor and not less than 0.40 m from room corners.The comfortable clearance for knee and leg space under tables forwheelchair users is 0.70 m. Counter height shall be placed at a levelcomfortable to disabled persons reach.1.3 BASIC PHYSICAL PLANNING REQUIREMENTS. No group of peopleshall be deprived of full participation and enjoyment of the environmentor be made unequal with the rest due to any disability. In order toachieve this goal adopted by the United Nations, certain basic principlesshall be applied:1.3.1 ACCESSIBILITY. The built environment shall be designed so that itshall be accessible to all people. This means that no criteria shall impedethe use of facilities by either the handicapped or nondisabled citizens.1.3.2 REACHABILITY. Provisions shall be adapted and introduced to thephysical environment so that as many places or buildings as possible canbe reached by all.1.3.3 USABILITY. The built environment shall be designed so that allpersons, whether they be disabled or not, may use and enjoy it.1.3.4 ORIENTATION. Finding a persons way inside and outside of abuilding or open space shall be made easy for everyone.1.3.5 SAFETY. Designing for safety insures that people shall be able tomove about with less hazards to life and health.1.3.6 WORK ABILITY AND EFFICIENCY. The built environment shall bedesigned to allow the disabled citizens to participate and contribute todevelopmental goalsRULE III - SPECIFIC REQUIREMENTS FOR BUILDINGS ANDRELATED STRUCTURES FOR PUBLIC USE1. CLASSIFICATION OF BUILDING BY USE OF OCCUPANCY:1.1 Occupancy classified by categories enumerated in Section 710 of theNational Building Code (PD 1096) are hereby adapted1.1.1 Category I Residential This shall comprise Group A and partlyGroup b Buildings1.1.2 Category II Commercial and Industrial This shall comprise partlyGroups B, C, E, F, G, H, AND I Buildings1.1.3 Category III Educational and Industrial This shall comprisepartly Group C, D, E, and H Buildings

7.1 The provision of this section shall apply to the specified type offacilities and identified specific requirements for accessibility and usabilitywhich shall be provided for each of the listed occupancy uses.a) Seating for the disabled shall be accessible from the main lobby toprimary entrances, together with related toilet facilities.b) In all assembly places where seating accommodation is provided,there shall be spaces for the disabled persons as provided. SeatingCapacity Wheelchair Seating Space4 50 2

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51 300 4301 500 6c) When the seating capacity exceeds 500 an additional wheelchairseating space shall be provided for each total seating capacity increase of100 seats.d) Readily removable seats may be installed in these spaces when suchspaces are not required to accommodate wheelchair users.8. COMPUTATION OF ACCESSIBLE UNITSIn the computation for the allocation of accessible units and seatingcapacity decimal greater than 0.5 shall be considered as one unit. In allcases a minimum of one (1) accessible unit shall be provided.9. APPLICATION OF BARRIER-FREE FACILITIES AND FEATURES9.1 Graphic signs shall be bold and conspicuously installed in everyaccess from point of entry to connecting destination.9.2 Walkways shall be provided with adequate passageway in accordancewith provision.9.3 Width of corridors and circulation system integrating both and verticalaccess to ingress/egress level of the building shall be provided.9.4 Doors and entrances provided herein used as entry points at entrancelobbies as local points of congregation shall be designed to open easily oraccessible from floor or to any point of destination.9.5 Washroom and toilets shall be accessible and provided with adequateturning space.9.6 Whenever elevator/s is required it should meet the requirementsprovide.9.7 Ramps shall be provided as means of access to level of change goingto entry points and entrances, lobbies influenced by condition of locationor use.9.8 Parking areas shall be provided with sufficient space for the disabledpersons to allow easy transfer from car park to ingress/egress levels.9.9 Height above the floor or switches and controls shall be in accordancewith the provisions.9.10 Handrails shall be provided at both sides of ramps.9.11 Floors provided for every route of the wheelchair shall be made ofnonskid material.9.12 Water fountains shall be installed as required. (Refer to Appendix Afor the illustrations of Rules II and III complementing Rule II of theprevious implementing rules and regulations).RULE IV REQUIREMENTS FOR PUBLIC TRANSPORTATION1. Classification of public conveyances by mode of transport shall be asfollow:1.1 Land Transportation This shall refer to buses having a minimumseating capacity of 50 persons for regular buses and 40 persons forairconditioned buses. This shall include regular city buses, regularprovincial buses, air-conditioned by city buses (Love Bus and Pag-ibigBus) and air conditioned tourist and provincial buses.1.2 Rail Transportation - This shall refer to the three railways systems inthe country, the Philippine National Railways (PNR) operating in Luzon,the Panay Railways Corporation (PRC) operating in the island of Panayand the Light Rail Transit Authority (LRTA) operating in Metro Manila.1.3 Water Transportation - This shall refer to domestic passenger ships,ferryboats and other water transportation vessels.1.4 Air Transportation - This shall refer to the domestic passengerairplanes.

National Council on Disability Affairs

2. No franchise or permit to operate public transportation units shall begranted issued or renewed unless such units are constructed orrenovated in accordance with the requirements.3. If feasible, all owners or operators of existing public transport utilitiesshall modify or renovate their units to accommodate disabled persons.4. The construction or renovation of public transport utilities covered bythese rules shall be subject to compliance with the body designs andspecifications as provided under existing rules and regulations.5. Posters or stickers shall be conspicuously displayed inside the units.6. Public transportation shall have designated seats for disabled persons.6.1 Regular buses shall have at least five (5) designated seats fordisabled persons near exit/entrance doors.6.2 First class, premiere and air-conditioned buses shall have at leastfour (4) designated seats for disabled persons near the door.6.3 Passenger trains shall have at least six (6) designated seats per carfor disabled persons nearest to the door.6.4 Passenger airplanes shall have at least two (2) designated seats fordisabled persons near the front exit/entrance door on a per aircraft-typebasis.6.5 For regular and air-conditioned city buses, other passengers may usethese designated seats if not occupied and yield them to incomingdisabled persons whenever the occasion arises.6.6 For provincial buses, regular and air-conditioned buses, passengertrains and airplanes, the designated seats for disabled persons may beoccupied by other passengers only if no disabled persons shall occupythese seats at the start of the trip.6.7 Jeepneys shall have at least two (2) seats; preferably the front seatsas designated seats for disabled persons.6.8 For jeepneys, other passengers may be use these designated seats ifnot occupied and yield them to incoming disabled passengers only if theyielding passenger can still be accommodated at the back6.9 In domestic shipping, each vessel shall:a. Allocate on a per class-basis, areas for disabled passengers. Theseareas shall be nearest to the entrance and/or exit doorways of thevessels.b. Give priority to disabled passengers embarkation and disembarkationthrough the assignment of time windows. Disabled passengers shall begiven a twenty (20) minute period to embark ahead of the three (3)hour embarkation time prior to the ships departure; and shall beallocated a maximum of one (1) hour for disembarkation after the shipsarrival.7. The designated seats shall be identified by the International Symbol ofAccess.8. Owners or operators of city buses operating in highly urbanized citiesshall install in their units audiovisual aids such as buzzer, bell, flashinglight to inform the driver of any alighting passenger.9. At least one deck in passenger ships shall be provided with accessibleramps, passageway, access to gangways, galleys, safety equipment andbunks/berths/cabins with dimensions conforming with the requirements.RULE V ADMINISTRATION AND ENFORCEMENT1. Responsibility for Administration and EnforcementThe administration and enforcement of the provision of these Rules andRegulations shall be vested in the Secretary of Public Works andHighways and the Secretary of transportation and Communications, in

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accordance with the functions and jurisdiction of their respectiveDepartments as provided for by laws as follows.1.1 The Secretary through the Heads of attached agencies of theDepartment of Public Works and Highways, with the technical assistanceof the Building Research Development Staff, shall administer and enforcethe provisions of these Rules and Regulations through the City/MunicipalEngineer who shall also act as Local Building Official pursuant to Section477 of R.A. 7160, otherwise known as the Local Government Code of1991 and as applied for the following:1.1.1 Buildings and related structures including public transport terminals1.1.2 Streets and Highways1.2 The Secretary of transportation and Communication shall administerand enforce the provisions of these Rules and Regulations through theHeads of Line and Attached Agencies of the Department as follows:1.2.1 Land Transportation Franchising and Regulatory Board In respectto the issuance of Certificate of Public Convenience (CPC) and ProvisionalAuthority (PA) for the operation of public road transportation utilities orservices.1.2.2 Land Transportation Office - In respect to the registration of busesand jeepneys and enforcement of regulations related to land transport.1.2.3 Philippine National Railways and the Light Rail Transit Authority For the operation of passenger trains and including stations andterminals.1.2.4 Maritime Industry Authority - In respect to the developmentpromotion, and regulation of all enterprises engaged in business ofdesigning, constructing, manufacturing, acquiring, operating, supplying,repairing and/or maintaining vessels or components thereof; of managingand/or operating shipping lines, shipyards, dry docks, marine railways,marine repair shops, shipping and freight forwarding agencies and similarenterprises; issuance of license to all water transport vessels.1.2.5 Philippine Ports Authority - In respect to the planning,development, financing, construction, maintenance and operation ofports, port facilities, port physical plants, and all equipment used inconnection with the operation of a port.1.2.6 Civil Aeronautics Board - In respect to the supervision andregulation of, the jurisdiction and control over air carriers, general salesagents, cargo sales agents and airfreight for warders, and issuance ofcertificates/licenses to aircrafts.1.2.7 Air Transportation Office - In respect to the maintenance, operationand development, of all government airports (other than the NAIA,Mactan International Airport) as well as air navigation facilities (excludingmeteorology).2. Criminal LiabilityAs stipulated in Section 46 of R.A. 7277, otherwise known as the MagnaCarta for Disabled Persons(a), any person who violates any provision of the rules and regulations ofthis Act shall suffer the following penalties:1) For the first violation, a fine of not less than Fifty thousand pesos(P50, 000.00) but not exceeding One hundred thousand pesos (P100,000.00) or imprisonment of not less than six (6) months but not morethan two (2) years, or both at the discretion of the court; and2) For any subsequent violation, a fine of not less than One hundredthousand pesos (P100, 000.00) but not exceeding Two hundred thousandpesos (P200, 000.00) or imprisonment for not less than two (2) years butnot more than six (6) years, or both at the discretion of the court.(b) Any person who abuses the privileges granted herein shall bepunished with imprisonment of not less than six (6) months or a fine ofnot less than Five thousand pesos (P50, 000.00), or both, at thediscretion of the court.(c) If the violator is a corporation, organization or any similar entity, the

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officials thereof directly involved shall be liable therefore.(d) If the violator is an alien or a foreigner, he shall be deportedimmediately after service of sentence without further deportationproceedings.PERSONS/INDIVIDUALS LIABLE FOR ANY VIOLATION OF THEACTFor Buildings/Establishment/Structure1. Owner or Operator of the Building, Establishment or Structure2. Contractor3. Architect4. Engineer5. Building Official or Other Public Official in-charge with theissuance of building permit, registration, certification and/orinspection of the building, establishment or structureFor Air, Land and Sea Transportation1. Owner/Operator of Public Transportation2. Body builders3. Safety Officers/Engineering/Managers4. Drivers/Conductors/Conductresses5. Public Official in-charge with the issuance of permits, registration,certification and inspection of the public transportationEFFECTIVITYThese Rules shall take effect thirty (30) days After the date of publicationin the Official Gazette(SGD) JESUS B. GARCIA, JR.Secretary(SGD) GREGORIO R. VIGILARSecretaryDepartment of Public Works and HighwaysIn coordination with:The NATIONAL COUNCIL FOR THE WELFARE OF DISABLED PERSONSBy:(SGD) CORAZON ALMA G. DE LEONChairmanback to top

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